Raj Kishor Thakur Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15137 of 2023

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Raj Kishor Thakur Son of Vashishth Thakur, Resident of Village-Baurhar, P.O.-Jiraul, Anchal-Harlakhi, P.s.-Khirhar, District-Madhubani, Bihar-847230.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna.

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The Chief Secretary, Government of Bihar, Old Secretariat, Patna.

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The Additional Chief Secretary-cum-Principal Secretary, Land Revenue and Reforms Department, Government of Bihar, Old Secretariat, Patna.

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The Director Land Records and Survey, Government of Bihar, Old Secretariat, Patna.

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The Survey Settlement Officer, Darbhanga.

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The Assistant Settlement Officer, Tarmim Section, Darbhanga.

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The District Collector-cum-District Magistrate, Madhubani.

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The District Collector-cum-District Magistrate, Darbhanga.

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The Survey Settlement Officer, Madhubani.

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The Circle Officer, Harlakhi, Madhubani.

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The Head Clerk/Pradhan Clerk, District Land Records Room/Archives, Madhubani.

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The Head Clerk/Pradhan Clerk, District Land Records Room/Archives,

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Rajdeo Mandal, son of Late Awadh Mandal, resident of Village-Baurhar, P.O.-Jiraul, Anchal-Harlakhi, P.S.-Khirhar, District-Madhubani, Bihar847230.

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Bajrangi Mandal, son of Late Ram Deo Mandal, resident of Village-Baurhar, P.O.-Jiraul, Anchal-Harlakhi, P.S.-Khirhar, District-Madhubani, Bihar847230.

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Dinesh Mandal, son of Late Ram Deo Mandal, resident of Village-Baurhar, P.O.-Jiraul, Anchal-Harlakhi, P.S.-Khirhar, District-Madhubani, Bihar847230.

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Bhola Mandal, Son of Late Ram Deo Mandal, resident of Village-Baurhar, P.O.-Jiraul, Anchal-Harlakhi, P.S.-Khirhar, District-Madhubani, Bihar847230.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shantanu Jha, Advocate For the State : Mr. Md. Khurshid Alam, AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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Patna High Court CWJC No.15137 of 2023(3) dt.23-06-2026 2/5

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3 23-06-2026 Heard the parties.

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The present petition has been preferred for the grant of following relief(s):

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“(i) for issuance of Writ in the nature of certiorari for quashing the so-called order passed by the Settlement Officer, Madhubani /Assistant Settlement Officer, Madhubani in socalled Case No./ Suit No. 42 of 2003 which was filed by Awadh Mandal (father of Respondent No. 13) and obtained the order in his favour and subsequently got tarmeemed by him from the Assistant Settlement Officer, Tarmeem Section, Darbhanga on 17/8 (signature and year have not been mentioned/shown) which is apparent from the Khatiyan of the disputed plots No. 1166 and 1167 under Khata No. 625 situated at MauzaBaurhar, Thana No. 47, Anchal Harlakhi, District- Madhubani, Bihar, whereas Awadh Mandal died much prior to year of the filing of the so-called case/suit no. 42/2003 and the aforesaid so-called order has not been provided by the concern office to the petitioner in-spite of

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Patna High Court CWJC No.15137 of 2023(3) dt.23-06-2026 3/5

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filing of Chirkut bearing no. 4 dated 15.04.2023 (as contained in Annexure-4) and thus it has not been annexed with the writ application for which the petitioner humbly prays before this Hon'ble Court to call for the entire record of so-called case / suit no. 42 of 2003 from the office of District Archives (Land Record Room), Madhubani.

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(ii) for issuing the writ in the nature of mandamus directing/commanding the Respondents to produce the entire record of socalled case/suit no. 42/2003 from the office of District Achieves (Land Record Room) Madhubani since no case was filed by the father of the Respondent No. 13 who died much prior/earlier and as such any alteration/entry made in the Khatiyan of the disputed plot by mentioning so-called case/suit number and showing tarmeemed of the so-called order with respect to the disputed plots without having signature of the Assistant Settlement Officer, Tarmeem Section Darbhanga and also without

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Patna High Court CWJC No.15137 of 2023(3) dt.23-06-2026 4/5

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showing year of Tarmeemed, that it suggest the same has been obtained by the Respondent No. 13 fraudulently by managing the concern office.

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(iii) to direct the District Collector for holding an enquiry for tempering with interpolation, manipulation, alteration in land records through corrupt practices, since such forgeries have been committed in the instant case of the petitioner also.

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(iv) to restrain the private respondents from forcibly grabbing the land in question through foul and illegal means till the disposal of the writ petition, since these are the purchased properties of the petitioner and others which had been purchased from some of the revisional survey Khatiyani Raiyat through registered sale deed no. 5794 dated 13.07.1993 and since then the writ petitioner and others are coming peaceful possession over the land in question and rent receipts are continuously issuing in their names after being mutated their names and after mutated in their respective names.

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Patna High Court CWJC No.15137 of 2023(3) dt.23-06-2026

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5/5

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(v) to pass order of status quo or stay the operation of impugned order (if any) of Case/ Suit No. 42 of 2003 (at present not been provided to the petitioner).

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(vi) to grant any other relief or reliefs to which the Petitioner may be found entitled to in the facts and circumstances of this case.”

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